This Temporary Instruction (TI) provides instructions for Office of
Disability Adjudication and Review (ODAR) hearing offices and the Appeals
Council (AC) when processing cases involving the Benefit Offset National
Demonstration (BOND) project.

NOTE:

When a BOND issue is on review before the AC, the AC will generally use
the instructions below to determine whether the prior adjudicator's
decision is supported by substantial evidence. However, when the AC
exercises its authority to issue a decision, the AC will use the
instructions below to adjudicate the issue.

The agency is conducting the BOND project under the demonstration
authority in section 234 of the Social Security Act. This demonstration
project will test the effect of changing program rules for certain Social
Security Disability Insurance Benefits beneficiaries. The BOND evaluation
estimates the impact of the benefit offset and the benefits counseling on
work activity, earnings, and continued receipt of Social Security
Administration cash benefits. The project began in January 2011 and will
end in September 2022.

Under the current title II program rules, disability beneficiaries who
complete their trial work period, and who subsequently engage in
substantial gainful activity (SGA) in any month after their three month
grace period and during the reentitlement period, have their benefits for
that month suspended. For more information about the trial work period,
see Programs Operations Manual System (POMS)
DI
13010.035. Beneficiaries in the BOND project, however, do not have
their benefits suspended. Rather, their benefits are reduced $1.00 for
every $2.00 earned over the BOND yearly amount. See POMS
DI
60099.005. In addition, certain BOND participants receive enhanced
benefits counseling.

For detailed information on who is eligible to participate in the BOND
project, information relating to the BOND yearly amount, and other
pertinent information regarding the processing of BOND cases, see POMS
DI
60099.000.

When an ODAR case involves a BOND participant, the field office will
forward the complete BOND participant folder to the office with
jurisdiction (i.e., the servicing hearing office or the AC). See POMS
DI
60099.045E for more information relating to how the field office
routes appeal issues.

On receipt, ODAR will give each BOND case the case characteristic
“BOND” in the Case Processing and Management System (CPMS) or
the Appeals Review Processing System (ARPS).

Before adjudicating a BOND case, an adjudicator must first determine if
the issue under review is completely within the BOND participation period,
or whether the issue partially pre-dates the participation period.

Cases involving work CDR cessation determinations made during the BOND
participation period.

NOTE:

SSR 13-3p: Title II: Appeal of an Initial Medical Disability Cessation
Determination or Decision requires that an adjudicator reviewing a medical
cessation determination or decision decide whether the beneficiary is
under a disability through the date of the adjudicator's determination or
decision. The SSR does not apply to disability cessations based on SGA. If
the only issue before ODAR is cessation based on SGA, the SSR does not
apply.

If the case involves a medical cessation issue rather than an issue
related to the BOND project, normal procedures for processing and
adjudicating a medical CDR apply. See POMS
DI
60099.030E.

If an adjudicator processes a case involving an overpayment solely within
the BOND participation period, the adjudicator will use the instructions
in POMS
DI
60099.040 to determine any offset.

NOTE:

In the event that an overpayment issue both pre-dates and includes the
BOND participation period, the adjudicator must consider the issues
separately. When determining overpayments and waivers outside of the BOND
participation period, the adjudicator will apply the usual overpayment and
waiver standards, as set forth in 20 CFR Part 404 Subpart F. However,
during the BOND participation period, the adjudicator will use the offset
procedures and calculations found in POMS
DI
60099.040.

If an adjudicator processes issues relating to work or SGA cessation that
are solely within the BOND participation period, the adjudicator will use
the offset instructions in POMS
DI
60099.045D.

NOTE:

In the event that the work or SGA issues both pre-date and include the
BOND participation period, the adjudicator must consider the issues
separately. When reviewing issues related to work or SGA cessation during
the BOND participation period, the adjudicator will use the offset
instructions in POMS
DI
60099.045D.

Hearing office personnel may direct any questions to their Regional
Office. Regional Office personnel may contact the Division of Field
Procedures (DFP) in the Office of the Chief Administrative Law Judge via
the DFP mailbox at |||ODAR OCALJ DFP.

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